IBM obtains permanent injunctive relief and award of fees in trademark infringement suit against Shentech.com over counterfeit laptop batteries
Client(s) International Business Machines Corporation
Jones Day represented International Business Machines Corporation in a trademark infringement and counterfeiting suit against Shentech.com, Inc. in the United States District Court for the Northern District of Ohio regarding Shentech's sale of IBM-branded batteries that were counterfeit. In an effort to avoid complying with a discovery order, Shentech filed sham bankruptcy proceedings in the Eastern District of New York to invoke an automatic stay of the Ohio case. IBM sought to lift the automatic stay and was granted a default judgment against Shentech. The Court's order granting default judgment found that the "IBM" trademark is famous, entered final judgment in favor of IBM on its claims of trademark counterfeiting, trademark infringement, trademark dilution, unfair competition, false advertising and deceptive and unfair trade.
International Business Machines Corporation v. Shentech.com, Inc., Case No. 7-cv-03611 (N.D. Ohio); In re Shentech.com, Inc., Case No. 07-47030 (E.D.N.Y. Bank.)